Undocumented vs illegal workers

Regarding the recent deportation of Indonesian migrant workers from Malaysia, it would be better, in honor of their rights and dignity, to let these workers return to their home villages while the Indonesian and Malaysian government sort things out. These returned migrant workers are not refugees and must not be treated as such. Otherwise, everybody will be busy taking care of this matter which is quickly becoming a crisis and is bleeding the nation.

There seems to be no clear policy in this respect and neither is there any coordination between government agencies and the parties taking care of these returned migrant workers now. The central government and regional administrations should have jointly discussed the mechanism for the return of these migrant workers to their home villages. They should also have discussed what must be done in the future to settle this problem. The solution must be comprehensive and encompass the root cause of the problem related to Indonesian migrant workers and a respect for the dignity of Indonesian migrant workers. Otherwise, the government's effort will be useless and history will repeat itself.

It is really sad to note that the media and high-ranking state officials call these deported migrant workers illegal Indonesian migrant workers. The 1990 United Nations convention on the protection of the rights of migrant workers and their family members recognizes only two terms for migrant workers, namely documented workers and undocumented workers. Documented workers are migrant workers who are authorized by the receiving country to enter, stay and engage in employment in that state in accordance with the laws of the state.

Undocumented workers are migrant workers who are not authorized by the host country to enter, stay and work in that country. Regardless of whether the government has ratified this convention or not, the use of the term "illegal Indonesian migrant workers" is tantamount to imposing a penalty without a trial.

CARLA JUNE NATAN

Coordinator

Center for Indonesian

Migrant Workers

Jakarta